2.40.030   Definitions.
   As used in this chapter, the following terms shall have the meanings indicated:
   “Appropriate unit” means a unit established pursuant to Section 2.40.100.
   “City” means the city of Visalia, a municipal corporation and where appropriate herein, “city” refers to the city council, the governing body of said city, or any duly authorized management employee as defined herein.
   “Consult” or “consultation in good faith” means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.
   “Employee” means any person regularly employed by the city, except those persons elected by popular vote.
   “Employee, confidential” means an employee who is privy to decisions of city management affecting employer-employee relations.
   “Employee, management” means:
   1.   Any employee having significant responsibilities for formulating and administering city policies and programs, including but not limited to the chief executive officer and departments heads; and
   2.   Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct, or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine judgment.
   “Employee, professional” means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to attorneys, physicians, registered nurses, engineers, architects, teachers and various types of physical, chemical and biological scientists.
   “Employee organization” means any organization which includes employees of the city and which has as one of its primary purposes representing such employees in their employment relations with the city.
   “Employer-employee relations” means the relationship between the city and its employees and their employee organization, or when used in a general sense, the relationship between city management and employees or employee organizations.
   “Grievance” as this term is defined in Section 2.40.140(A).
   “Impasse” means: (1) deadlock in the annual (or periodic) discussions between a majority representative and the city over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or (2) any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the municipal employee relations officer made pursuant to Sections 2.40.090, 2.40.100 or 2.40.110.
   “Majority representative” means an employee organization, or its duly authorized representative, that has been granted formal recognition by the municipal employee relations officer as representing the majority of employees in an appropriate unit.
   “Mediation” or “conciliation” means the efforts of an impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms.
   “Meet and confer in good faith” (sometimes referred to herein as “meet and confer” or “meeting and conferring”) means performance by duly authorized city representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to confer in good faith regarding other terms and conditions of employment, in an effort to: (1) reach agreement on those matters within the authority of such representatives and (2) reach agreement on what will be recommended to the city council on those matters within the decision making authority of the city council. This does not require either party to agree to a proposal or to make a concession.
   “Municipal employee relations officer” means the city's principal representative to all matters of employer-employee relations designated pursuant to Section 2.40.120, or his duly authorized representative.
   “Peace officer” means the same as this term is defined in Section 830, California Penal Code.
   “Recognized employee organizations” means an employee organization which has been acknowledged by the Municipal employee relations officer as an employee organization that represents employees of the city. The rights accompanying recognition are either:
   1.   Formal recognition, which is the right to meet and confer in good faith as the majority representative in an appropriate unit; or
   2.   Informal recognition, which is the right to consultation in good faith by all recognized employee organizations.
   “Resolution” means, unless the context indicates otherwise, the employer-employee relations resolution of the city of Visalia.
   “Scope of representation” means all matters relating to employment conditions and conditions of employment. City rights (Section 2.40.050) are excluded from the scope of representation. (Prior code § 1303)